                                 CODE OF VIRGINIA

EMPLOYMENT OF PERSONNEL (§ 2.2-2812)

A. Notwithstanding any other provision of law to the contrary, the agency
administrator of each executive branch agency, except those that by law are
appointed by their respective boards, shall employ the personnel necessary for
the proper performance of all responsibilities of their agency subject to the
Virginia Personnel Act (&#xA7; 2.2-2900 et seq.) and within the limits of
appropriations made therefor by law.

B. Notwithstanding any other provision of law to the contrary, any employee of
an agency in the executive branch of state government, who is (i) promoted
within the same agency to a higher position classification and (ii) required to
serve a period of time in a probationary status incident to such promotion,
shall be offered to be returned to such employee&#8217;s previous classified
position or an equivalent position for which a vacancy exists if, for any reason
other than misconduct, the probationary period of employment is not satisfied or
completed.

HISTORY: 1984, c. 744, § 2.1-20.01; 1997, c. 31; 2001, c. 844; 2011, c. 259.